What is the Statute of Limitations for a Wrongful Arrest Claim in California?

01/15/2011
- Category:Civil Actions
- Limitations
- State: CA #24014

Full Question:

wrongful arrest-malicious prosecution. What is the statute of limitations to bring an action.

Answer:

Claims against the government are generally subject to a six month statute of limitations in California.
Please see the following CA statute:
945.6. (a) Except as provided in Sections 946.4 and 946.6 and
subject to subdivision (b), any suit brought against a public entity
on a cause of action for which a claim is required to be presented in
accordance with Chapter 1 (commencing with Section 900) and Chapter
2 (commencing with Section 910) of Part 3 of this division must be
commenced:
(1) If written notice is given in accordance with Section 913, not
later than six months after the date such notice is personally
delivered or deposited in the mail.
(2) If written notice is not given in accordance with Section 913,
within two years from the accrual of the cause of action. If the
period within which the public entity is required to act is extended
pursuant to subdivision (b) of Section 912.4, the period of such
extension is not part of the time limited for the commencement of the
action under this paragraph.
(b) When a person is unable to commence a suit on a cause of
action described in subdivision (a) within the time prescribed in
that subdivision because he has been sentenced to imprisonment in a
state prison, the time limit for the commencement of such suit is
extended to six months after the date that the civil right to
commence such action is restored to such person, except that the time
shall not be extended if the public entity establishes that the
plaintiff failed to make a reasonable effort to commence the suit, or
to obtain a restoration of his civil right to do so, before the
expiration of the time prescribed in subdivision (a).
(c) A person sentenced to imprisonment in a state prison may not
commence a suit on a cause of action described in subdivision (a)
unless he presented a claim in accordance with Chapter 1 (commencing
with Section 900) and Chapter 2 (commencing with Section 910) of Part
3 of this division.
See also:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=00001-01000&file=945-949

Please see the information at the following links:
http://definitions.uslegal.com/s/statute-of-limitations/
http://definitions.uslegal.com/t/tolling-period/
http://definitions.uslegal.com/w/wrongful-arrest/
http://definitions.uslegal.com/m/malicious-prosecution/
Please see the forms at the following links:
http://www.uslegalforms.com/us/US-01627.htm
http://www.uslegalforms.com/us/US-01628.htm
http://www.uslegalforms.com/us/US-000280.htm
http://www.uslegalforms.com/us/US-02211BG.htm
http://www.uslegalforms.com/us/US-02305BG.htm
http://www.uslegalforms.com/us/US-02262BG.htm